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Civil Litigation

Oct. 3, 2022

Erika Girardi appeals decision to auction her earrings

“The trustee’s claim was and is time-barred by every imaginable statute of limitations as well as California’s applicable statute of repose, which extinguishes any cause of action for fraudulent transfer based on transactions occurring more than seven years before an action is filed,” wrote Evan C. Borges of Greenberg Gross LLP.

Erika Girardi has appealed a bankruptcy court decision to allow $750,000 earrings given to her by her husband, disbarred attorney Thomas V. Girardi, to be turned over to a trustee, who says they were bought with misappropriated client funds and should be auctioned to pay creditors.

In an opening brief filed on Sept. 29, Erika Girardi’s attorney, Evan C. Borges of Greenberg Gross LLP, said the bankruptcy court “erred as a matter of law” in...

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